Basics of Child Custody in Tennessee Law

If you are seeking sole or joint child custody in Tennessee, it is important to understand the basics of the law. A child custody lawyer can help develop a step-by-step plan to meet your goals.

Permanent Parenting Plan

In Tennessee, a permanent parenting plan is a detailed written account of parental responsibilities, the child’s residency, and child support appropriation. The plan includes a residential schedule that will outline who will be the primary residential parent and determines custody for special occasions and on other specific dates throughout the year.

To get divorced, both spouses must agree on a parenting plan. If neither party can agree on a plan, family court can compel them to mediation. Both parents will also be required to attend a parenting education seminar that lasts at least 4 hours. If mediation fails to resolve the dispute, the case will go to trial in family court.

Primary Residential Parent

The primary residential parent is the parent with whom the child resides more than 50% of the time. This parent has the right to make decisions regarding the day-to-day care of the child. They do not, however, have absolute authority over child rearing. The permanent parenting plan will determine whether one or both parents will make decisions regarding education, health care, extracurricular activities, and religion.

If one parent disagrees with the child care decisions of the other parent, they may initiate a mediation session to discuss the child’s best interests. If the issue cannot be resolved, the matter may go to court. It is important to note that judges are unlikely to overrule a parental decision unless it endangers the welfare of the child.

Best Interest of the Child

Family court will determine which parent is to be the primary residential parent based on the child’s best interests. Family court will determine which parent is to be the primary residential parent based on what is in the best interests of the child. Some considerations include:

• the parent’s ability to prepare the child for adulthood by educating, inspiring, and encouraging the child;
• the love and affection shared between parent and child;
• the ability to provide food, clothing, medical treatment, schooling, and other care;
• the stability of the household, taking into account each parent’s mental and physical fitness;
• evidence of abuse of any nature toward the child, the other parent, or any individual; and
• the preference of the child, normally given added weight if the child is over 12 years of age.

Parental Rights

Regardless of whether you are named the primary or alternate residential parent, both parents have rights when the child is not under their direct care. They consist of:

• at least 2 telephone conversations per week;
• notice within 24 hours of important information such as hospitalization or a major illness;
• receipt of academic report cards, class schedules, attendance records, test scores, names of teachers, and so on, from the child’s school;
• copies of medical and health records from the child’s health care provider;
• the child is not subjected to negative statements about the other parent or their family;
• 24 hours notice of extracurricular activities such as athletics and academic activities, when possible; and
• the itinerary and contact numbers when one parent intends to leave the state with the child for more than 2 days.

To learn more, see Tennessee Child Custody Laws.

Protect Your Rights with a Tennessee Child Custody Lawyer

Those who choose not to hire a child custody lawyer during the parenting plan process will be at a serious disadvantage. The Miles Mason Family Law Group focuses exclusively on the areas of divorce, child support, and child custody. Serving west Tennessee and eastern Arkansas, the dedicated team will work with you to formulate a strategy to reach your child custody goals. For more information, call a child custody lawyer today at (901) 683-1850.